VOLUME 37.4 

THE BEN J. ALTHEIMER SYMPOSIUM:
Access to Justice

Articles:

A look at Civil Gideon: Is There a Constitutional Right to Counsel in Certain Civil Cases? – by Justice Jess H. Dickinson

VOLUME 37.3

Articles:

Making a Peg in the Hole: A Superior Solution to the Inherent Problems of Incorporated Definitions – by Lindsey P. Gustafson

The Arkansas Supreme Court’s Unconstitutional Power Grab in Arkansas Department of Human Services v. Shelby and the Judiciary’s Authority in Child-Welfare Cases – by Jerald A. Sharum

Bias in Disguise: The Constitutional Problems of Arkansas’s Intrastate Commerce Improvement Act – by John M. A. DiPippa

Notes:

ENVIRONMENTAL LAW—Regulation of Concentrated Animal Feeding Operations—Reducing the Nuisance: How Arkansas Cn Use Its Right-to-Farm Statute to Protect Against the Destructions of CAFOs  – by Kristen Titley

CONSTITUTIONAL LAW—Fifth Amendment and Takings—Courts and the Judicial Process Will Impede Orderly City Development by Limited Local Governments’ Use of Exactions in Development Planning. Koontz v. St. Johns River Water Management District, 133 S. Ct. 2586 (2013). – by Rebecca L Matlock

VOLUME 37.2

Articles:

Law, Bioethics, and Medical Futility: Defining Patient Rights at the End of Life – by Frederick R. Parker, Jr.

Arbitration Agreements in Arkansas After Conception – by John C. Williams

Egads! Preservation Run Amok: A Call for Change in Arkansas’s Was It Raised? Was It Developed? Was It Ruled ON? Jurisprudence – by Brian G. Brooks

Undercover Investigations and Government Lawyers – by Eric B. Estes

Notes:

CRIMINAL LAW—Sentencing Juveniles—Where Do We Go From Here? Mandatory Sentencing and Retroactive Application Post-Miller. Miller v. Alabama, 132 S. Ct. 2455 (2012). – by Nikki Morris

PATENT LAW—Bringing Predictability Back with the Intracircuit Split Pronounced in Retractable Technologies, Inc. v. Becton, Dickinson & Co., 653 F.3d 1296 (2011): Claim Construction and Unpredictability Limiting the Patentee’s Rights – by Landon M. Reeves

VOLUME 37.1 

In Memoriam: William H. Bowen Tribute

Articles:

Dangers in De Facto Parenthood – by Jeffrey A. Parness

Mercenaries, Myrmidons, and Missionaries – by Robert Bejesky

Essay:

The (Un?)Constitutionality of Compelling Non-Immunized Testimony in Deceptive Trade Practices Investigations Conducted by the Attorney General of the State of Arkansas – by Terrence Cain

Notes:

CONSTITUTIONAL LAW—Arkansas’s Current Procedural Rulemaking Conundrum: Attempting to Quell the Political Discord – by Sevawn Foster

CRIMINAL LAW—Human Trafficking—Arkansas’s Human Trafficking Laws: Steps in the Right Direction or a False Sense of Accomplishment? – by Mary Ward

CONSTITUTIONAL LAW—Shooting Blanks: Smart Gun Mandates and their Concomitant Constitutional, Regulatory, Public Policy, and Practical Issues – by William F. Godbold, IV

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Articles:

• Employer-Based Health Care Insurance: Not So Exceptional After All- by David Orentlicher
• Achieving Real Parity: Increasing Access to Treatment for Substance Use Disorders Under the Patient Protection and Affordable Care Act and the Mental Health and Addition Equity Act- by Michael C. Barnes and Stacey L. Worthy
• Health Care Reform: Treatment Effectiveness Information Nationwide- by Robert B. Leflar
• Brown v. Board of Education and National Federation of Independent Business v. Sebelius: A Comparative Analysis of Social Change- by Brian G. Gilmore

Notes:

• CONTRACT LAW—No Faith in Arkansas’s approach to the Implied Duty of Good Faith. Arkansas Research Medical Testing, LLC v. Osborne, 2011 Ark. 158, 2011 WL 1423993- by Kathleen Lestage
• HEALTH LAW—A Call For the Arkansas General Assembly to Modernize the Standard of Care Requirement in Medical Malpractice Cases. Broussard v. St. Edward Mercy Health System, Inc., 2012 Ark. 14, 386 S.W.3d 385- by Jarred Kibbey

Volume 36.3

Articles:

• The Many Connections Between Well-Being and Professionalism in the Practice of Law: Implications for Teaching- by Todd David Peterson
• The Emotionally Intelligent Law Professor: A Lesson from the Breakfast Club- by Heidi K. Brown
• Cultivating Professional Identity & Creating Community: A Tale of Two Innovations- by Jan L. Jacobowitz
• On Engagement: Learning to Pay Attention- by R. Lisle Baker and Daniel P. Brown
• The Role of Mindfulness in the Ongoing Evolution of Legal Education- by Scott L. Rogers
• Think Like a (Mindful) Lawyer: Incorporating Mindfulness, Professional Identity, and Emotional Intelligence into the First Year Law Curriculum- by Nathalie Martin
• Lawyer Assistance Programs: Bridging the Gap- by Dr. Sarah Cearley
• The Chicken or the Egg? Public Service Orientation and Lawyer Well-Being- by Melissa H. Weresh

Note:

• BANKRUPTCY—Confusion and Ambiguity: The Post-BAPCPA Uncertainty Concerning the Ride-Through Option in the Eighth Circuit- by Kate Davidson

Survey of Legislation:

• 2013 Arkansas General Assembly

Volume 36.2

Articles:

• Introduction—Papers From the 2013 American Society of Comparative Law Annual Meeting- by Kenneth S. Gallant and Sarah Howard Jenkins
• Globalization and Private International Law in Commonwealth Africa- by Richard Frimpong Oppong
• The Snowden Revelations, the Transatlantic Trade and Investment Partnership and the Divide Between U.S.-EU in Data Privacy Protection- by Ioanna Tourkochoriti

Notes:

• MUNICIPAL LAW—Municipal Police Power & Its Adverse Effects on Small Businesses in Arkansas: A Proposal for Reform- by Justin Craig
• CONSTITUTIONAL LAW—Unauthorized Practice of Law: Driving Legal Business Without a License, LegalZoom, Inc., and Campbell v. Asbury Automotive, Inc., 2011 Ark. 157, 381 S.W.3d 21- by Pierce G. Hunter
• CIVIL PROCEDURE—Reassessing Personal Jurisdiction in Arkansas and the Eighth Circuit After Goodyear Dunlop Tires Operations v. Brown, 131 S. Ct. 2846 (2011) and McIntyre Machinery, Ltd. v. Nicastro, 131 S. Ct. 2780 (2011)- by Kathy McCarroll

Volume 36.1

Articles:

• The Hands of the State: The Failure to Vacate Statute and Residential Tenants’ Rights in Arkansas- by Lynn Foster
• A Case For a Bill Recognizing Primary Assumption of Risk as Limiting Liability for Persons and Providers Who Take Part in Sports & Recreational Activities- by J. Russell Versteeg

Essay:

• Crapping Out With Crime Statistics- by Robert Steinbuch

Notes:

• Education—Student-Teacher Relationship—Should Teachers Be Held to a Higher Standard? Understanding the Laws Governing Sexual Relationships Between Students and Teachers in Primary and Secondary Schools—Paschal v. State, 2012 Ark. 127, 388 S.W.3d 429- by Katelyn Burch Busy
• Constitutional Law—School Integration Reform—A Call for Desegregation Policies That Are More Than Skin Deep- by Nikki L. Cox

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• The Right of Privacy in Arkansas: A Progressive State– J. Lyn Entrikin
• Lake View—A Roadmap for Asserting the Rights of the Jailed Mentally Ill– Bettina Brownstein
• Forward—A Student Symposium on National Federation of Independent Business v. Sebelius– Joshua M. Silverstein
• The Patient Protection and Affordable Care Act: A Constitutional Analysis– David C. Jung
• Let Them Eat . . . Broccoli?– Josie G. Richardson
• Avoiding the Unavoidable: The Canon of Constitutional Avoidance as Applied to the Patient Protection and Affordable Care Act– T.J. Fosko
• Breaking Down the Supreme Court’s Spending Clause Ruling in NFIB v. Sebelius: A Huge Blow to the Federal Government or a Mere Bump in the Road?– Ellen K. Howard
• Civil Procedure—Be More Specific: Vague Precedents and the Differing Standards by Which to Apply “Arises Out of or Relates to” in the Test for Specific Personal Jurisdiction – Ryne H. Ballou
• Constitutional Law—Sixth Amendment—Braving Confrontation: Arkansas’s Progressive Position Regarding Criminal Defendants’ Confrontation Rights at Sentencing– Cassie R. Howell
• Employment Law—Employment Discrimination—Unnecessarily Duplicative: Has the Sixth Circuit Gone Too Far in Upholding an Employer’s Ability to Require Incumbent Employees to Provide Doctor’s Notes After Taking Sick Leave? Lee v. City of Columbus, Ohio 636 F.3d 245 (6th Cir. 2011).– Thomas H. Wyatt

Volume 35.2 – Winter 2013

• Consumer Financial Protection and Community Banks– John T. Adams
• Brady, Arkansas Rule 17.1, and Disclosure of Scientific Evidence and Expert Opinion– J. Thomas Sullivan
• The Rise and the Demise of the Absolute Dominion Doctrine for Groundwater– Joseph W. Dellapenna
• Still Fugacious After All These Years: A Sequel to the Basic Primer on Arkansas Oil and Gas Law– Thomas A. Daily and W. Christopher Barrier
• Solidifying Arkansas’s Liquidated Damage Law After S.O.G.-San Ore-Gardner v. Missouri Pacific Railroad Co.: It’s Not All Water Under the Bridge– David C. Jung
• Civil Procedure—Property Improvement Claims—A History and Recommendation for Arkansas’s Lone True Statute of Repose– Luke K. Burton

Online-Only

• Constitutional Law—Second Amendment—Heller, McDonald, and Prohibitions on Concealed Carry in Churches– Joshua West
• What the Frack? Hydraulic Fracturing and Water Contamination: Solutions for the Fayetteville Shale Play– Erica J. Fitzhugh
• Health Law—Economic Credentialing of Physicians—The Supreme Court of Arkansas’s Decision in Baptist Health v. Murphyand its Impact on a Hospital’s Ability to Make Credentialing Decisions: What Truly is Best for Patients? – Matthew M. Ford
• Animal Law—Greed v. Humanity: The Need for Arkansas to Regulate Commercial Breeders and Ban the Retail Sale of Cats and Dogs in Pet Stores and Over the Internet– Lauren Ferris
• Constitutional Law—Proactive Cell Phone Security Policies in the Workplace: Avoid Liability as Hi-Tech Devices Hack the Fourth Amendment– Abtin Mehdizadegan

Volume 35.1 – Fall 2012

• Family Law’s Challenge to Religious Liberty– Raymond C. O’Brien
• Subordinate Bias Liability– Theresa M. Beiner
• Shifting the Burden: Genuine Disputes and Employment Discrimination Standards of Proof– Barrett S. Moore
• Criminal Law—Teenage Sexting in Arkansas: How Special Legislation Addressing Sexting Behavior in Minors Can Salvage Arkansas’s Teens’ Futures– Sidney L. Leasure
• Buying a Lie: The Harms and Deceptions of Ghostwriting– T.J. Fosko
• Family Law—Egg Donation and Stem Cell Research—Eggs for Sale: The Scrambled State of Legislation in the Human Egg Market– Kitty L. Cone

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